Public Act 095-0868
 		





HB5076 Enrolled
LRB095 19030 RCE 45207 b






    AN ACT concerning animals.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Humane Care for Animals Act is amended  by 
changing Section 16.3 and  by adding Section 16.5 as follows:
 



    (510 ILCS 70/16.3)



    Sec. 16.3. Civil actions. Any person who has a right of 
ownership in an animal that is subjected
to an act of 
aggravated cruelty under Section 3.02 or torture under Section

3.03 in violation of this Act
or in an animal that is injured 
or killed as a result of actions taken by a
person who acts in

bad faith under subsection (b) of Section 3.06 or under Section 
12 of this Act
may bring a
civil action
to recover the damages 
sustained by that owner.  Damages may include, but are
not 
limited to, the monetary value of the animal, veterinary 
expenses incurred
on behalf of the animal, any other expenses 
incurred by the owner in rectifying
the effects of the cruelty, 
pain, and suffering of the animal, and emotional
distress 
suffered by the owner.  In addition to damages that may be 
proven, the
owner is also entitled to punitive or exemplary 
damages of not less than $500
but not  more than $25,000 for 
each act of abuse or neglect to which the
animal was subjected.  
In addition, the court must award reasonable
attorney's fees 
and costs actually incurred by the owner in the prosecution of

any action under this Section.

    The remedies provided in this Section are in
addition to 
any other remedies allowed by law.

    In an action under this
Section, the court may enter any 
injunctive orders reasonably necessary to
protect animals from 
any further acts of abuse, neglect, or harassment by a

defendant.

    The statute of limitations for a violation of this Act 
cruelty to animals
is 2 years.

(Source: P.A. 92-454, eff. 1-1-02.)

 
    (510 ILCS 70/16.5  new)
    Sec. 16.5. Emergency care to an animal; immunity from civil 
liability. Any person, including without limitation any person 
licensed under the Veterinary Medicine and Surgery Practice Act 
of 2004 or licensed as a veterinarian in any other state or 
territory of the United States, who in good faith provides 
emergency care or treatment without fee to an injured animal or 
an animal separated from its owner due to an emergency or a 
disaster is not liable for civil damages as a result of his or 
her acts or omissions in providing or arranging further care or 
treatment, except for willful or wanton misconduct.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.